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(영문) 서울남부지방법원 2016.12.15 2016가단200839
임대차보증금
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is charged with KRW 86,683,945 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On December 16, 2014, the Plaintiff entered into a lease agreement with the Defendant, which leases the lease deposit amount of KRW 130,000,00, monthly rent of KRW 7,000,00, and the contract period of KRW 7,000,00 from December 31, 2014 to December 31, 2015 (hereinafter “instant lease agreement”). On the date of the contract, the Plaintiff paid KRW 130,00,000 to the Defendant the lease deposit amount of KRW 130,00,000.

B. On October 2015, the Plaintiff received a delivery of the instant healthcare, and notified the Defendant that he/she did not wish to renew the instant healthcare agreement, and delivered the instant healthcare to the Defendant on December 31, 2015.

C. The Plaintiff did not pay the Defendant the monthly rent of KRW 35,000,000.

The Plaintiff did not refund the advertising width plate equivalent to KRW 25,00,00, which is the clibrgator’s clibrgs of this case, to the Defendant. The Defendant, instead of the Plaintiff, paid KRW 170,000, and the communications fee of KRW 618,330,00 to the Defendant.

E. On the other hand, on January 25, 2016, the Defendant entered into a lease agreement between Nonparty E and Nonparty E with the lease deposit of KRW 130,00,000, monthly rent of KRW 7,000,000, and the lease term of KRW 29,00,000, and Party E had the instant healthst from February 29, 2016 to March 1, 2018 and operated the healthst from that time.

[Ground of recognition] Facts without dispute, Gap 2 evidence, Eul 1 evidence, the whole purport of pleading

2. Determination as to the principal lawsuit

A. According to the above facts, the instant lease contract terminated on December 31, 2015, and the Defendant, barring any special circumstance, concluded the contract term on December 31, 2015, 94,186,670 won of the lease deposit (i.e., KRW 130 million of the lease deposit - KRW 35 million of the overdue rent - KRW 25,000 of the refund of the advertising exhauster unclaimed damages - KRW 170,000 of the fixed payment of the boiler repair cost - KRW 618,330 of the telecommunication fee) and damages for delay.

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